Andhra Pradesh High Court - Amravati
Thodem Saramma vs The State Of Andhra Pradesh on 21 September, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20655 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a Writ of Mandamus or any other appropriate writ
order or direction declaring the action of the respondents in trying
to evict the petitioners from their respective properties (Petitioner
No.1 to an extent of Ac.3.00 cents in Sy.No.2, extent of Ac.2.00 in
Sy.No 41/1/A, extent of Ac.2.05 in Sy.No.45/2,total Ac.7.05 cents;
Petitioner No.2 to an extent of Ac.3.00 cents in Sy.No.2, extent of
Ac.1.72 cents in Sy No.40/1/2/7, Total Ac.4.72 cents;
Petitioner No.3 to an extent of Ac.3.00 cents in Sy.No.2, extent of
Ac.1.27 cents in Sy No.47, Total Ac.4.27 cents; Petitioner No.4 to
an extent of Ac.3.00 cents in Sy No.2, extent of Ac.2.37 cents in
Sy.No 40/1, extent of Ac.1.45 cents in Sy.No.40/2, extent of Ac.3.53
cents in Sy.No.47, Total Ac.10.35 cents; Petitioner No.5 to an extent
of Ac.3.00 cents in Sy No.2, extent of Ac.2.40 cents in Sy.No.47,
Total Ac.5.40 cents, Petitioner No.6 to an extent of Ac.3.00 cents in
Sy.No 2, extent of Ac.2.67 cents in Sy.No.47, Total Ac.5.67 cents;
Petitioner No.7 to an extent of Ac.1.73 cents in Sy.No.43/3/D,
extent of Ac.0.47 cents in Sy.No.42/2/D, Total Ac.2.20 cents;
Petitioner No 8 to an extent of Ac.2.22 cents in Sy.No.42/1/C,
extent of Ac.1.20 cents in Sy No.45/1, extent of Ac.1.70 cents in Sy
No.46/1, extent of Ac.1.09 cents in Sy No.41/2/A, Total Ac.5.71
cents; Petitioner No 9 to an extent of Ac.2.01 cents in
Sy.No.43/3/B, extent of Ac.1.08 cents in Sy.No.41/2/A, Total
Ac.3.09 cents; Petitioner No.10 to an extent of Ac.2.14 cents in
Sy.No.42/1/A, extent of Ac.0.40 cents in Sy.No.45/1, extent of
Ac.0.40 cents in Sy.No.46/1, extent of Ac.0.36 cents in
Sy.No.41/1/A, Total Ac.3.30 cents; Petitioner No.11 to an extent of
Ac.2.14 cents in Sy No 42/1/B, extent of Ac.0.40 cents in Sy
No.45/1, extent of Ac.0.40 cents in Sy No 46/1, extent of Ac.0.36
cents in Sy.No.41/2/A, Total Ac.3.30 cents; Petitioner No.12 to an
extent of Ac.4.22 cents in Sy.No 45/3, Petitioner No.13 to an extent
of Ac.0.25 cents in Sy,No 26/4, extent of Ac.2.84 cents in
Sy.No.46/2 extent of Ac.4.35 cents in Sy.No.53, Total Ac.7.54 cents;
Petitioner No.14 to an extent of Ac.1.08 cents in Sy.No.41/2/B,
extent of Ac.1 96 cents in Sy.No.43/3/C, Total Ac.3.04 cents,
Petitioner No.15 to an extent of Ac.2.00 cents in Sy.No.46/2/B,
Petitioner No.16 to an extent of Ac.1.50 cents in Sy.No.38, extent of
Ac.1.80 cents in Sy.No.9/3, extent of Ac.1.54 cents in Sy.No.46/2B,
Total Ac.4.84 cents, Petitioner No.17 to an extent of Ac.2.40 cents in
Sy.No.47 extent of Ac.3.33 cents in Sy.No.54, Total Ac.5.73 cents,
Petitioner No.18 to an extent of Ac.1.35 cents in Sy.No.47,
Petitioner No.19 to an extent of Ac.1.17 cents in Sy.No.20/3/E;
Petitioner No.20 to an extent of Ac.2.36 cents in Sy.No.47, extent
of Ac.0.85 cents in Sy.No.21/3, Total Ac.3.21 cents; Petitioner
No.21 to an extent of Ac.1.77 cents in Sy.No.5/2, Petitioner No.22 to
an extent of Ac .2.18 cents in Sy.No.5/4, Petitioner No.23 to an
extent of Ac.2.19 cents in Sy.No.5/4, extent of Ac.0.87 cents in
Sy.No.7, extent of Ac.0.49 cents in Sy No.8/3, Total Ac.3.54 cents,
Petitioner No.24 to an extent of Ac.0.85 cents in Sy.No.25/3,
Petitioner No.25 to an extent of Ac.1.15 cents in Sy.No.26/2/B,
Petitioner No.26 to an extent of
Ac.1.15 cents in Sy.No.26/2, Petitioner No.27 to an extent of
Ac.0.97 cents in Sy.No.26/2, extent of Ac.0.96 cents in
Sy.No.26/2, Total Ac.1.93 cents, Petitioner No.28 to an extent of
Ac.0.96 cents in Sy.No.26/2, Petitioner No.29 to an extent of
Ac.1.15 cents in Sy.No.26/2, Petitioner No.30 to an extent of
Ac.0.89 cents in Sy No 25/3, Petitioner No.31 to an extent of
Ac.1.15 cents in Sy.No.26/2 Petitioner No.32 to an extent of Ac.0.97
cents in Sy.No.26/2 Petitioner No.33 to an extent of Ac.2.09 cents in
Sy.No.43/3 Petitioner No.34 to an extent of Ac.2.00 cents in
Sy.No.41/A, Ac.2.05 cents in Sy.No.45/2, total Ac.4.02 cents,
Petitioner No.35 to an extent of Ac.2.14 cents in Sy No.42/1BE,
Ac.0.80 cents in Sy.No 42/2, total Ac.2.94 cents, Petitioner No.36 to
an extent of Ac.1.72 cents in Sy.No.40/1/3/5 located in
Chokkanapally Village, V R Puram Mandal, East Godavari District
without paying compensation under Act 30 of 2013 though earlier
notices were issued by the 4th respondent as illegal, arbitrary and
in violation of Article 300-A of the Constitution of India.
Though the petitioners made several allegations against the
respondents, during hearing, learned counsel for the petitioners
requested this Court without touching the merits of the case,
requests this Court to issue a direction to the respondents to dispose
of the representation of the petitioners dated 23.08.2021.
Learned Assistant Government Pleader for Revenue readily
agreed to dispose of the representation of the petitioners dated
23.08.2021, if any, pending with the respondents authorities.
In view of the submission of the learned Assistant Government
Pleader for Revenue, I need not decide the truth or otherwise of the
allegations made in the petition. This Court is conscious that no
such direction be issued, in view of the judgment of the Apex Court
in "The Government of India v. P.Venkatesh1", wherein the Apex
Court held that such orders may make for a quick or easy disposal of
cases in overburdened adjudicatory institutions. But, they do not
service to the cause of justice. As the learned counsel for the
petitioners himself requested to issue a direction to dispose of the
representation dated 23.08.2021 of the petitioners, I find no other
alternative except to issue such direction.
In the result, the writ petition is disposed of, directing
respondent authorities to dispose of the representation of the
petitioners dated 23.08.2021, in accordance with law, within four(4)
weeks from the date of receipt of copy of this order. No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 21.09.2021
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2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20655 OF 2021
Date: 21-09-2021
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